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The Supreme Court on Friday allowed the Tamil Nadu government to reserve 50 per cent of super speciality seats available in the current academic year in government medical colleges for NEET- qualified in-service doctors. This is in accordance with a 2020 government order, the validity of which is currently under challenge before the top court.
The Bench, comprising Justices B.R. Gavai and Vikram Nath, directed the state government to expeditiously complete the process of allocating seats as per the order within a period of 15 days. The bench further said the state government to immediately furnish information regarding the seats that remained vacant to the Union of India, so that the latter could fill the vacancies on the basis of the all-India merit list, reported Live Law.
The supreme court had approved a 50 per cent in-service quota for SS seats for the academic year 2021–2022 on March 16, 2022.The current Division Bench, presided over by Justice Gavai, was asked to rule that the state government was free to implement the required quota for in-service candidates for “the current and all subsequent academic years” until the government order was revoked, modified, or replaced, or a court ruling to the contrary. Additionally, it was requested that the court order the centre to refrain from “creating a barrier” for the Tamil Nadu government as they went through with implementing the contentious government order.
Aishwarya Bhati, the Additional Solicitor-General for the Union of India, argued against the reservation policy, while Amit Anand Tiwari, the Additional Advocate General for the state of Tamil Nadu, passionately defended the government decree. Senior Attorney P Wilson defended the State Government while speaking for candidates who were currently employed.
TN Govt’s side
During the hearing the state government explained to the Bench that allocating 50 per cnet of the seats to in-service candidates “needed to serve in rural areas” would increase access to high-quality healthcare, particularly for residents of the state’s remotest areas, and “strengthen its health infrastructure”.
However, the Additional Solicitor-General emphasised that super specialty courses have never had a reservation policy like that. Bhati asserted, “This is a very critical issue for the country,” and urged the court to hear the case in its full and rule “on its merits” before giving any instructions. She also emphasised the fact that, in the previous year, 90 of the 210 seats designated for in-service candidates were left unfilled by the state administration. “Super speciality medical education seats are essential for the country. Across the nation, this is causing a tumultuous situation. How is it possible to allow Tamil Nadu, which has the most seats, to reserve half of them?
The Bench also ruled, in order to avoid vacant reserved seats: “… within a period of 15 days from today, the state government shall fill the seats reserved in accordance with the government order. The state of Tamil Nadu will tell the Union of India regarding all open seats in the in-service category on the sixteenth day after today. The Union of India may fill these positions using an all-India merit list.” The Court also listed the main writ petition for hearing on February 14, 2023.
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